As many offences under legal metrology are committed by the companies against the interest of the consumer and by not doing the compliance of the rules and regulations of the act. In this article, we are going to study the offences which are committed by the company and what is the punishment for those offences, along with the power of a court of law to take the action against the offender.
Offences by the companies and the power of the court
Power of court for the conviction of a company to publish the followings
Name of business,
Place of business, etc.
The offences & penalty under legal metrology, offences committed by company and any offence under the legal metrology act has been committed by the company under the following situations take place.
Liability of a Nominated Person
The person, if any, who has been nominated under the act to be in charge of and responsible to the companies for the conduct of the business of the company hereinafter in the act referred to as a person responsible.
Offence by Person in Charge
In a case where no person has been nominated, in such a situation every person who at the time of the offence was committed was in charge. The person in charge is responsible for the conduct of the business of the company under the act.
Offence Committed by a Company
The person in charge has all the power to exercise all due diligence to prevent the commission of such an offence. Notice to e-commerce firms by the legal metrology department has been served on the commencement of the offence. The company shall be deemed to be guilty of the offence and shall be liable to be preceded against and punished accordingly. However, nothing contained in the act shall render any person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge. You can check out the penalty under legal metrology for more information.
Notice by Legal Metrology Officer
A company can authorise the director in writing to exercise all such powers and take all the steps as may be necessary or expedient to prevent the Commission by the company of any offence under the act.
May give notice to the followings:
The concerned controller, or
Any other legal metrology officer authorised in this behalf by such controller,
Referred to as authorised officer in such a form and such a manner as may be prescribed that it has nominated such director as a person responsible, along with the written consent of such director nominated.
Liability of a Company with Different Branches
Where a company has the followings:
Different establishments, or
Different branches, or
Different units in any establishment, or
Branch different persons may be nominated
Under the act concerning different establishments or branches of all units and the person nominated concerning the followings:
The person responsible in respect of such an establishment branch or unit.
Offence Committed Due to Negligence
The person nominated under the act shall until further notice cancelling such nomination is received from the company by the followings:
- Director, or
- Concerned controller, or
- Authorised officer, or
- Ceases to be director of the company, or
- He makes a request in writing to the director of the concerned controller, or
- The legal metrology officer under initiation to the company, to cancel the nomination,
Whose request shall be complied with by the director or the concerned controller or the legal metrology officer, whichever is the earliest, continue to be the person responsible.
However, where the above mentioned person/authority ceases to be a director of a company, such person shall intimate the fact of such cessation to the director or the concerned controller or the authorised officer.
However, if such person requests the director or other consent controller or authorised officer shall not cancel such information with effect from a date earlier than the date on which the request is made.
Notwithstanding anything contained in the foregoing points, where an offence under the act has been committed by a company and it is provided that the offence has been committed with the consent or convenience of or at attributable to the neglect on the part of the
- Any director,
- Secretary or
- Another officer,
not being a person nominated under the act, such director, manager, secretary or another officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In Case of the Conviction of a Company
- Where any company is convicted under the act for the contribution of any of the provisions thereof, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention.
- The fact that the company has been convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspaper or such other manner as the court may direct.
- No publication under the act shall be made until a period of preferring an appeal against the order of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of.
- The expenses of any publication under the act shall be revocable from the company as if it were a fine imposed by the court. For example, the purpose of the act is the company means any body corporate and includes a firm or other association of individuals.
- Director, concerning a firm, means a partner in the firm but excludes nominated directors honorary directors, and government nominated directors.
Proceeding of Appeal under Legal Metrology
- The central government or the state government as the case may be on its motion or otherwise, call for the exam in the record of any proceeding including a proceeding in appeal in which any decision or order has been made to satisfy itself as to the correctness, legality or propriety of such decisions or order and may pass such orders thereon as it may think fit.
- However, no decision or order shall be passed under the act as to prejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed action.
- Provision of the Indian Penal Code of criminal procedure not to apply the provision of the Indian Penal Code and the code of criminal procedure insofar as such provisions relate to offences with regards to weights or measures shall not apply to any offence which is punishable under this act.
Transactions of a Company Means Under Legal Metrology
Transaction of a company means any contract in case the following:
- Whether for sale,
- Purchase or exchange, or
- Any other purpose, or
- Any assistance of reality, or other duties, or
- The assessment of any work done wages due to the service rendered.
Weights or Measures means weighing or measuring specified by or under the act and includes the weighing or measuring instrument. Weights and measures offences and punishment under IPC.
For any kind of transaction in the Indian legal metrology system, every manufacturer, Packer, and importer of the commodity needs to comply with all the rules and regulations of the act and the guidelines provided by the central government and the state government as prescribed under the act.